8th Circuit Case Commentaries

Regulation of Gang Symbols in Schools: Stephenson v. Davenport Community School District

Date: Apr 10, 1997

Regulation of Gang Symbols in Schools: Stephenson v. Davenport Community School District 1. Introduction Brianna Stephenson v. Davenport Community School District, 110 F.3d 1303 (8th Cir. 1997), is a...

Presumption of Causation and Injury in False Comparative Advertising: Porous Media Corp. v. Pall Corp.

Date: Apr 9, 1997

Presumption of Causation and Injury in False Comparative Advertising: Porous Media Corporation v. Pall Corporation Introduction Porous Media Corporation v. Pall Corporation, 110 F.3d 1329 (8th Cir....

Reevaluation of Due Process in Prison Transfers: Freitas v. Ault

Date: Apr 5, 1997

Reevaluation of Due Process in Prison Transfers: Freitas v. Ault Introduction Richard John Freitas, Sr., Appellee/Cross-Appellant, v. John Ault, Appellant/Cross-Appellee, and Irene G. Howard,...

Eighth Circuit Establishes Inclusion of Exempt Income in Substantial Abuse Determinations Under the Bankruptcy Code

Date: Mar 29, 1997

Eighth Circuit Establishes Inclusion of Exempt Income in Substantial Abuse Determinations Under the Bankruptcy Code Introduction The case of In Re: Eugene Wayne Koch, Debra Marie Nelson-Koch,...

Reversing Summary Judgment in Sexual Harassment and Retaliation Claims: Smith v. St. Louis University

Date: Mar 25, 1997

Reversing Summary Judgment in Sexual Harassment and Retaliation Claims: Smith v. St. Louis University Introduction Victorija Smith v. St. Louis University, 109 F.3d 1261 (8th Cir. 1997), serves as a...

Substantial Evidence and Credibility Determinations in SSI Appeals: Insights from Hall v. Chater

Date: Mar 25, 1997

Substantial Evidence and Credibility Determinations in SSI Appeals: Insights from Hall v. Chater Introduction Dianna L. Hall v. Shirley S. Chater, Commissioner of the Social Security Administration...

Substantial Evidence Upholds SSA's Denial of Disability Benefits in JOHNSON v. CHATER

Date: Mar 18, 1997

Substantial Evidence Upholds SSA's Denial of Disability Benefits in JOHNSON v. CHATER Introduction The case of Robert L. Johnson v. Shirley S. Chater (108 F.3d 942) serves as a pivotal example of the...

Qualified Immunity Affirmed in Case of Inadvertent Opening of Inmate's Confidential Legal Mail

Date: Mar 13, 1997

Qualified Immunity Affirmed in Case of Inadvertent Opening of Inmate's Confidential Legal Mail Introduction In the landmark case of Dennis James Gardner v. Mary Howard; John Dahm, Warden, Omaha...

RYTHER v. KARE 11: Clarifying Evidence Standards under the Age Discrimination in Employment Act

Date: Mar 7, 1997

RYTHER v. KARE 11: Clarifying Evidence Standards under the Age Discrimination in Employment Act Introduction RYTHER v. KARE 11 is a pivotal case in the realm of employment law, particularly...

Affirmation of Significant Number of Jobs Standard in Social Security Disability Claims

Date: Mar 7, 1997

Affirmation of Significant Number of Jobs Standard in Social Security Disability Claims 1. Introduction In the landmark case Debbie A. Johnson v. Shirley S. Chater, adjudicated by the United States...

Reaffirmation of Complete Diversity Jurisdiction Standards in Walker v. Norwest Corporation

Date: Mar 1, 1997

Reaffirmation of Complete Diversity Jurisdiction Standards in Walker v. Norwest Corporation Introduction In Walker v. Norwest Corporation, decided by the United States Court of Appeals for the Eighth...

Collateral Protection Insurance Premiums Not Classified as Interest under the National Bank Act

Date: Mar 1, 1997

Collateral Protection Insurance Premiums Not Classified as Interest under the National Bank Act Introduction In the landmark case John Doe; John Roe v. Norwest Bank Minnesota, N.A., and Voyager...

Flynn v. Chater: Affirmation of Disability Benefits Denial Based on Motivation and Substantial Evidence Standard

Date: Feb 28, 1997

Flynn v. Chater: Affirmation of Disability Benefits Denial Based on Motivation and Substantial Evidence Standard Introduction Damian Flynn, the appellant, challenged the decision of the Commissioner...

Mandatory Life Sentences in Drug Trafficking: Analysis of United States v. Prior

Date: Feb 28, 1997

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal counsel specific to your situation, please consult a qualified attorney....

Eighth Circuit Establishes Pre-existing Condition Exclusion for Secondary Conditions under ERISA in Cash v. Wal-Mart Group Health Plan

Date: Feb 27, 1997

Eighth Circuit Establishes Pre-existing Condition Exclusion for Secondary Conditions under ERISA in Cash v. Wal-Mart Group Health Plan Introduction Cash v. Wal-Mart Group Health Plan is a pivotal...

Clarifying Title IX Application in Correctional Institutions: Insights from Klinger v. Nebraska Department of Correctional Services

Date: Feb 26, 1997

Clarifying Title IX Application in Correctional Institutions: Insights from Klinger v. Nebraska Department of Correctional Services Introduction Klinger v. Nebraska Department of Correctional...

Minimal Criteria for Obesity-Related Disability Claims: Insights from Ingram v. Chater

Date: Feb 26, 1997

Minimal Criteria for Obesity-Related Disability Claims: Insights from Ingram v. Chater Introduction Luebertha Ingram v. Shirley S. Chater is a pivotal case adjudicated by the United States Court of...

Kimzey v. Wal-Mart: Establishing Standards for Punitive Damages in Hostile Work Environment Claims

Date: Feb 21, 1997

Kimzey v. Wal-Mart: Establishing Standards for Punitive Damages in Hostile Work Environment Claims Introduction Case: Peggy Kimzey v. Wal-Mart Stores, Inc. Court: United States Court of Appeals,...

FDIC v. Bell: Eighth Circuit Affirms Jurisdiction and Summary Judgment in Fraudulent Transfer Case

Date: Feb 7, 1997

FDIC v. Bell: Eighth Circuit Affirms Jurisdiction and Summary Judgment in Fraudulent Transfer Case Introduction In Federal Deposit Insurance Corporation v. Bell, the United States Court of Appeals...

Affirmation of Federal Jurisdiction in Indian Country: United States v. Stands et al.

Date: Jan 29, 1997

Affirmation of Federal Jurisdiction in Indian Country: United States v. Stands et al. Introduction In the landmark case of United States of America v. Phillip Henry Stands et al., decided by the...